A Biblical System for Appointing Judges:
A natural question arises from my previous post on the role of the judiciary in a constitutional monarchy.
If judges are to derive their authority directly from the constitution rather than from the king, how then would they be appointed and on what biblical basis would such a process be established?
The answer lies in the very structure laid out in the biblical system of governance. Exodus 18:21-22 records Moses’ instructions to appoint judges over groups of tens, fifties, hundreds, and thousands. Similarly, in Deuteronomy 1:13-16, the people were told to choose wise and understanding men from among themselves, and Moses would set them over the people as judges. This reveals a bottom-up method of judicial selection; one that is merit based, decentralized, and insulated from the king's control.
Judges would be chosen from within their own ranks at each level of authority. The process would work as follows:
- Judges over tens would be appointed locally, selected by the people under their jurisdiction. These would be the most grassroots-level judges, handling the most immediate disputes.
- Judges over fifties would be chosen from among the judges of tens, promoted by their peers. Once selected, they would be replaced in their former role by another judge of tens and chosen in the regular manner.
- Judges over hundreds would be chosen from among the judges over fifties, again through peer selection. This pattern would continue at each level.
- Judges over thousands would be chosen from among the judges over hundreds, ensuring that only those with demonstrated wisdom and experience would rise to the highest levels of judicial authority.
- Judges over millions (if the population necessitated it) would be chosen in the same way, following the biblical pattern of increasing the level of authority by roughly a factor of ten. In a nation the size of the United States, there would likely be only three or four such judges, ensuring a manageable and functional judicial hierarchy.
This system ensures that those who rise in judicial authority are not appointed by a king or a political body but by their peers, those who best understand the demands of the position and who can recognize wisdom, justice, and integrity in their colleagues. This method also prevents a central authority from manipulating the judiciary for its own purposes.
Furthermore, this approach ensures accountability. Since each judge at every level is chosen from below, any failure or corruption can be swiftly addressed by the very people who elevated him. A judge who fails to uphold the law will lose the confidence of his fellow judges and can be removed, just as he was appointed.
This is, in every way, a superior alternative to the flawed and corruptible systems of judicial appointment used in modern governments. It remains consistent with biblical precedent, ensures impartiality, and preserves the judiciary’s independence from both the executive and the populace. If a judicial system is to function properly within a constitutional monarchy, it must rest upon the authority of the law itself, not the whims of a ruler or the fickleness of elections. The biblical model provides exactly this kind of foundation.
As for the king's role in seating judges, it should be similar to Moses' role in Exodus 18 and Deuteronomy 1. Not as the sole appointer but as the final confirmer of the judges selected through the structured process. Moses instructed the people to choose wise and capable men, but he retained the authority to approve their selections. This suggests a model in which the king ensures that the process remains just and that those appointed meet the necessary qualifications.
In practical terms, the king would:
- Oversee the Process: Ensuring that the selection process is carried out fairly and in accordance with the law.
- Confirm Appointments: Reviewing the selections to ensure they align with constitutional and biblical principles, much as Moses affirmed the choices presented by the people.
- Act as a Final Check: If corruption or partisanship taints the selection process, the king could reject unqualified candidates and require a new selection.